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Legal reasoning, pronouncements of judgment, the design and
implementation of statutes, and even constitution-making and
discourse all depend on timing. This compelling study examines the
diverse interactions between law and time, and provides important
perspectives on how law's architecture can be understood through
time. The book reconsiders older work on legal transitions and
breaks new ground on timing rules, especially with respect to how
judges, legislators and regulators use time as a tool when devising
new rules. At its core, The Timing of Lawmaking goes directly to
the heart of the most basic of legal debates: when should we
respect the past, and when should we make a clean break for the
future? This unique resource draws on examples from administrative
law, banking law, budget law, constitutional law, criminal law,
environmental law, inheritance law, national security law, tax law,
and tort law, and will be of interest to academics studying law,
political science and economics, as well as to policymakers,
legislators, and judges. Contributors include: E. Alston, F. Fagan,
D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A.
Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D.
Shaviro, J. Suk
Why do legislatures pass laws that automatically expire? Why are so
many tax cuts sunset? In this first book-length treatment of those
questions, the author explains that legislatures pass laws
temporarily in order to reduce opposition from the citizenry, to
increase the level of information revealed by lobbies, and to
externalize the political costs of changing the tax code on to
future legislatures. This book provides a careful analysis which
does not normatively prescribe either permanent or temporary
legislation in every instance, but rather specifies the conditions
for which either permanent or temporary legislation would maximize
social welfare.Containing comprehensive, theoretical and empirical
analysis of temporary lawmaking, Law and the Limits of Government
will appeal to academics in law, economic and political science,
lawmakers and policy advocates. Contents: Foreword by Francesco
Parisi Part I: Theory 1. Introduction 2. Short-to Medium-term
Residual Effects 3. Long-term Residual Effects 4. Information and
Commitment 5. Temporary Tax Legislation Part II: Evidence 6.
Passage Probability 7. Sponsor's Age 8. Conclusion Bibliography
Index
The Law and Economics of Privacy, Personal Data, Artificial
Intelligence, and Incomplete Monitoring presents new findings and
perspectives from leading international scholars on several
emerging areas issues in legal and economic research. The
collection contains new theoretical papers on privacy, the
protection of personal data, the use of regulatory monitoring under
legal standards versus rules, a study of the properties of market
efficiency in securities fraud litigation, as well as an analysis
of non-exclusionary price floors. It also contains an empirical
paper on the relationship between uncertainty of patent approval of
artificial intelligence applications and the Supreme Court's
decision in Alice Corp. v. CLS Bank International. Finally, the
volume features a law-and-economics assessment of the Chinese
financial system within the context of the trade-off between
centralized control and rapid growth. This 30th volume of Research
in Law and Economics showcases the cutting edge theoretical and
empirical findings for researchers and professionals considering
these complex issues intersecting law, technology, and economics.
Law and economics research has had an enormous impact on the laws
of contracts, torts, property, crimes, corporations, and antitrust,
as well as public regulation and fundamental rights. The Law and
Economics of Patent Damages, Antitrust, and Legal Process examines
several areas of important research by a variety of international
scholars. It contains technical papers on the appropriate way to
estimate damages in patent disputes, as well as methods for
evaluating relevant markets and vertically integrated firms when
determining the competitive effects of mergers and other actions.
There are also papers on the implication of different legal
processes, regulations, and liability rules on consumer welfare,
which range from the impact of delays in legal decisions in labour
cases in France to issues of criminal liability related to the use
of artificial intelligence. This volume of Research in Law and
Economics is a must-read for researchers and professionals of
patent damages, antitrust, labour, and legal process.
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